85R11971 JSC-D     By: Taylor of Collin S.B. No. 1284       A BILL TO BE ENTITLED   AN ACT   relating to prescriber and dispenser reporting and access to   patient prescription information under the Texas Controlled   Substances Act.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 481.074(c) and (q), Health and Safety   Code, are amended to read as follows:          (c)  Not later than the next business [seventh] day after the   date a prescribing practitioner authorizes an emergency oral or   telephonically communicated prescription, the prescribing   practitioner shall send the information to the board as required by   Section 481.075 and cause a written or electronic prescription,   completed in the manner required by that section [Section 481.075],   to be delivered to the dispensing pharmacist at the pharmacy where   the prescription was dispensed. A written prescription may be   delivered in person or by mail. The envelope of a prescription   delivered by mail must be postmarked not later than the next   business [seventh] day after the date the prescription was   authorized. On receipt of a written prescription, the dispensing   pharmacy shall file the transcription of the telephonically   communicated prescription and the pharmacy copy and shall send   information to the board as required by Section 481.075.  On receipt   of an electronic prescription, the pharmacist shall annotate the   electronic prescription record with the original authorization and   date of the emergency oral or telephonically communicated   prescription.          (q)  Each dispensing pharmacist shall send all required   information, including any information required to complete the   Schedule III through V prescription forms, to the board by   electronic transfer or another form approved by the board not later   than the next business [seventh] day after the date the   prescription is completely filled.          SECTION 2.  Sections 481.075(g) and (i), Health and Safety   Code, are amended to read as follows:          (g)  Except for an oral prescription prescribed under   Section 481.074(b), the prescribing practitioner shall:                (1)  legibly fill in, or direct a designated agent to   legibly fill in, on the official prescription form or in the   electronic prescription, each item of information required to be   provided by the prescribing practitioner under Subsection (e)(1),   unless the practitioner determines that:                      (A)  under rule adopted by the board for this   purpose, it is unnecessary for the practitioner or the   practitioner's agent to provide the patient identification number;   or                      (B)  it is not in the best interest of the patient   for the practitioner or practitioner's agent to provide information   regarding the intended use of the controlled substance or the   diagnosis for which it is prescribed; [and]                (2)  sign the official prescription form and give the   form to the person authorized to receive the prescription or, in the   case of an electronic prescription, electronically sign or validate   the electronic prescription as authorized by federal law and   transmit the prescription to the dispensing pharmacy; and                (3)  send all required information, including any   information required to complete an official prescription form or   electronic prescription record, to the board by electronic transfer   or another form approved by the board not later than the next   business day after the date the prescription is issued.          (i)  Each dispensing pharmacist shall:                (1)  fill in on the official prescription form or note   in the electronic prescription record each item of information   given orally to the dispensing pharmacy under Subsection (h) and   the date the prescription is filled, and:                      (A)  for a written prescription, fill in the   dispensing pharmacist's signature; or                      (B)  for an electronic prescription,   appropriately record the identity of the dispensing pharmacist in   the electronic prescription record;                (2)  retain with the records of the pharmacy for at   least two years:                      (A)  the official prescription form or the   electronic prescription record, as applicable; and                      (B)  the name or other patient identification   required by Section 481.074(m) or (n); and                (3)  send all required information, including any   information required to complete an official prescription form or   electronic prescription record, to the board by electronic transfer   or another form approved by the board not later than the next   business [seventh] day after the date the prescription is   completely filled.          SECTION 3.  Section 481.076, Health and Safety Code, is   amended by adding Subsection (c-1) to read as follows:          (c-1)  To avoid duplicate entries, the system described by   Subsection (c) must be capable of associating a report by a   practitioner issuing a prescription with a report by a pharmacist   subsequently dispensing the substance under that same   prescription.          SECTION 4.  Section 481.0761, Health and Safety Code, is   amended by adding Subsections (h) and (i) to read as follows:          (h)  The board, in consultation with the department and the   regulatory agencies listed in Section 481.076(a)(1) shall identify   potentially harmful prescribing or dispensing patterns or   practices that may suggest drug diversion or drug abuse. The board   shall develop indicators for levels of prescriber or patient   activity that suggest that a potentially harmful prescribing or   dispensing pattern or practice may be occurring or that drug   diversion or drug abuse may be occurring.          (i)  The board may, based on the indicators developed under   Subsection (h), send a prescriber or dispenser an electronic   notification if the information submitted under Sections   481.074(q) and 481.075 indicates that a potentially harmful   prescribing or dispensing pattern or practice may be occurring or   that drug diversion or drug abuse may be occurring.          SECTION 5.  Subchapter C, Chapter 481, Health and Safety   Code, is amended by adding Sections 481.0762 and 481.0763 to read as   follows:          Sec. 481.0762.  DUTIES OF PRESCRIBERS, PHARMACISTS, AND   RELATED HEALTH CARE PRACTITIONERS. (a)  A person authorized to   receive information under Section 481.076(a)(5) shall access that   information with respect to the patient before prescribing or   dispensing opioids, benzodiazepines, barbiturates, or   carisoprodol.          (b)  A person authorized to receive information under   Section 481.076(a)(5) may access that information with respect to   the patient before prescribing or dispensing any controlled   substance.          (c)  A violation of Subsection (a) is grounds for   disciplinary action by the regulatory agency that issued a license,   certification, or registration to the person who committed the   violation.          Sec. 481.0763.  EXCEPTIONS. (a) A prescriber is not subject   to the requirements of Section 481.0762(a) if:                (1)  the patient has been diagnosed with cancer or the   patient is receiving hospice care; and                (2)  the prescriber clearly notes in the prescription   record that the patient was diagnosed with cancer or is receiving   hospice care, as applicable.          (b)  A dispenser is not subject to the requirements of   Section 481.0762(a) if it is clearly noted in the prescription   record that the patient has been diagnosed with cancer or is   receiving hospice care.          SECTION 6.  Section 481.0762, Health and Safety Code, as   added by this Act, applies only to:                (1)  a prescriber who issues a prescription on or after   September 1, 2018; or                (2)  a person authorized by law to dispense a   controlled substance who dispenses the substance on or after   September 1, 2018.          SECTION 7.  This Act takes effect September 1, 2017.